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VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Image" 061623380010 Type: ORD
Recorded: 12/08/2021 at 11:10:04 AM
Receipt#: 2021-00102453
Page 1 of 10
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7852263
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0-20-13 Granting a Variation from Section 2.03-1)(5) of the
"Deerfield Zoning Ordinance 1978," as Amended
Dated this October 21. 2021
Li ;LlAw—
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 0-20-13
AN ORDINANCE GRANTING A VARIATION FROM SECTION 2.03-1)(5) OF THE
"DEERFIELD ZONING ORDINANCE 1978," AS AMENDED
(1195 Somerset Avenue)
WHEREAS, Ross and Linsey Friedman (collectively, the "Owners' are the record
title owners of the property commonly known as 1195 Somerset Avenue, Deerfield, Illinois,
and legally described in Exhibit A attached to and, by this reference, made a part of this
Ordinance ("Property's; and
WHEREAS, the Property is located in the R-3 Single -Family Residence District of the
Village ("R3 District'); and
WHEREAS, the Property is improved with a single-family residence and an existing
deck, which is deteriorating ("Existing Deck'); and
WHEREAS, pursuant to section 2.03-(D)(5) of the Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Code', raised decks in the R3 District may not be located less than
eight feet from any lot line; and
WHEREAS, the Existing Deck is a legal nonconformity in that it was built four feet
from the southern lot line of the Property; and
WHEREAS, the Owners desire to replace the Existing Deck with a new deck to be
constructed four feet from the southern lot line, in violation of Section 2.03-(D)(5) of the
Zoning Code ("Proposed Deck'; and
WHEREAS, pursuant to Section 10.01-A of the Zoning Code, no nonconforming
structure may be restored or reconstructed if damaged or destroyed if the cost of
reconstruction or restoration will exceed fifty percent of the replacement cost of the entire
structure; and
WHEREAS, in order to permit the installation of the Proposed Deck on the Property,
the Owners have filed an application for a variation from Section 2.03-(D)(5) of the Zoning
Code to allow them to construct the Proposed Deck approximately four feet from the southern
lot line ("Requested Variation'; and
WHEREAS, a public hearing of the Zoning Board of Appeals of the Village of
Deerfield ("ZBA'� to consider the approval of the Requested Variation was duly advertised
in the Deerfield Review on May 7, 2020, and held on June 2, 2020; and
WHEREAS, on June 2, 2020, the ZBA voted to recommend approval of the Requested
Variation, in accordance with Section 13.07-E of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Variation meets
the required standards for variations set forth in Section 13.07 of the Zoning Code; and
{00115922.1}
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Variation, subject to the conditions,
restrictions, and provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the Village Board.
SECTION TWO: GRANT OF REQUESTED VARIATION. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this
Ordinance, and pursuant to Section 13.07-G of the Zoning Code and the home rule powers of
the Village, the Village Board hereby grants the Requested Variation from Section 2.03-(D)(5)
of the Zoning Code to permit the installation of the Proposed Deck.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Zoning Code or any
other rights the Owners may have, the approvals granted in Section Two of this Ordinance
are hereby expressly subject to and contingent upon the construction, use, operation, and
maintenance of the Proposed Deck in compliance with each and all of the following conditions:
A. Compliance with Regulations. Except to the extent specifically provided
otherwise in this Ordinance, the development, use, operation, and
maintenance of the Proposed Deck must comply at all times with all applicable
Village codes and ordinances, as the same have been or may be amended from
time to time.
B. Compliance with Plans. The development, use, and maintenance of the
Proposed Deck shall be in strict compliance with plans submitted to and
approved by the Village's Code Enforcement Supervisor, which, upon approval,
such plans shall be incorporated and made a part of this Ordinance as Exhibit
B, except for minor changes and site work approved by the Village's Code
Enforcement Supervisor in accordance with applicable Village codes,
ordinances, and standards.
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Owners must pay to
the Village, promptly upon presentation of a written demand or demands
therefor, all legal fees, costs, and expenses incurred or accrued in connection
with the review, negotiation, preparation, consideration, and review of this
Ordinance. Payment of all such fees, costs, and expenses for which demand
has been made must be made by a certified or cashier's check. Further, the
Owners will be liable for, and must pay upon demand, all costs incurred by the
Village for publications and recordings required in connection with the
aforesaid matters.
{00115922.1) 2
SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this
Ordinance will be recorded against the Property with the Lake County Recorder of Deeds.
This Ordinance and the privileges, obligations, and provisions contained herein inure solely
to the benefit of, and be binding upon, the Owners and each of their heirs, representatives,
successors, and assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owners to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Section Two of this Ordinance will, at the sole discretion of the Village
Board, by ordinance duly adopted, be revoked and become null and void; provided, however,
that the Village Board may not so revoke the approvals granted in Section Two of this
Ordinance unless it first provides the Owners with two months advance written notice of the
reasons for revocation and an opportunity to be heard at a regular meeting of Village Board.
In the event of such revocation, the development and use of the Property be governed solely
by the regulations of the R3 District and the applicable provisions of the Zoning Code, as the
same may, from time to time, be amended. Further, in the event of such revocation, the
Village Manager and Village Attorney are hereby authorized and directed to bring such
zoning enforcement action as may be appropriate under the circumstances.
SECTION SIX: AMENDMENTS. Any amendment to this Ordinance may be
granted only pursuant to the procedures, and subject to the standards. and limitations,
provided in the Zoning Code for the amending or granting of variations.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
Passage by the Village Board in the manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Owners with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit C
attached to and, by this reference, made a part of this Ordinance, to
accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance and to indemnify the Village for
any claims that may arise in connection with the approval of this
Ordinance; and
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County.
B. In the event that the Owners do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 7.A.3 of this
Ordinance, within 30 days after the date of final passage of this Ordinance by
{00115922.1} 3
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Ordinance null and void and of no force or effect.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: August 3, 2020
APPROVED: August 4, 2020
ORDINANCE NO. 0-20-13
Harriet Rosent al, Mayor
ATTEST:
Kent S. S eet, Village Clerk
100115922.11 4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 18 IN FRED SCHWAB'S HILLSIDE SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1924 AS DOCUMENT
238057 IN BOOK "M' OF PLATS, PAGE 71, IN THE VILLAGE OF DEERFIELD, LAKE
COUNTY, ILLINOIS.
PIN: 16-29-411-002
Commonly known as: 1195 Somerset Avenue
{00115922.11
EXHIBIT B
PLANS
{00115922.11
PLAT OF SURVTY
Lot 18 in FRED SCHWAB'S HILLSIDE SUBDIVISION, being a Subdivisicn of part
of the Northwest Quarter of the Southeast Quarter of Section 29, Township
43 North, Range 12, East of the Third Principal Meridian, according to the
plat thereof recorded April 10, 1924 as Document 238057 in Book "M" of
Plats, page 71, in the Village of Deerfield, Lake County, Illinois.
1195 Somerset Avenue
Deerfield, IL
SOMERSET AVENUE
FRONT DOOR j
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Co�LS L
STATE OF ILLINOIS) tit 209 -�
ss 0 PROFESSION& 9�
COUNTY OF LAKE) LAND '
W y
In behalf of Howard Surveying Co., Inc., we as Illinois 0�SURVEYOR
TATE OF 0
Professional Land Surveyors do hereby certify that the buildings as shown on the (NOIS \1'
above described lot are within the property lines and the adjoining improvements yp,t R K
do not encroach on said premises, except where shown.
This professional service conforms to the current Illinois minimum standards for
a boundary survey.
Doted at Beach Pork, lake County, Illinois this 20th day of
J U N E A.D., 2006.
Fieldwork Completed: 18 JUNE zone
Client Name: ROTH, NELEI, SANTELER, LTD. d1OWARD SURVEY/NC CO., C.
Address: asa W. V1RMIA STREET r�
SCAM 1=20 ' CRYSTAL LAKE, IL eoa4 r ionol !L Lands veyor No. 2669
License Expires !1/30/06
NOTE: All building lines, easements and bearings hereon shown ore tram record plat unless otherwise noted.
EXHIBIT G
L s'O\IDTTIONtAL 1%1(=]RF,F.MT ?iT AND CON—,, F.'4T
`I'o: The VTmge c, 04i,rfield. Illinois ("Village").,
WHEI{CAS'. Ross and L;'nz,-v F ri(-dn,urt (colic-cuvelt, thtt "Owrjers"} ,qre the regard
title ciwner4 of thc property t.tcmnionly kncie%n ag 1Dt-vrfiold. Illinnix
nand leg-Mlr dosuribed to Exhibit _'1, attached to and_ b) this refertince. niaade a (tart of this
Ordinunuc (AvPerfy"1: and
..p R'IiER)k;t'�,ti, tl-rllnxnee Nu. '' adupty 'bv the. Villug 1ic))rd on
20+9 ("Ordinunve":. grunts, a variait.iun from the "'VillaL%: of ?)eerr.-Wld Zoning Clydtnnnev
nF. anic tided. to pc-rmit the construcri in c:f y deck on the Fronvi-1%: ;i:id
WIi1+: CEA.S, Section 7..L3 of then Ordinance provi&5, itnorii-, either thine. =hat the
Ordananc e will bL- of no forte or affect unle.� nncf until the Ownerz, have 1ibA within 30 duvz;
follo itip. The pa44,a;tc: of the vrdln.inct-. their uncondi;innal :n;reement rind consent to accept
atrti :, ,i,i,- by crich and all if thc, wrens. OUTI l,ttr„i , and forth in the Ordin:lrim-
Z(}W THEREFORE, the 0wrie do hereby Ngri.e and cow"I;tnt. -is fullows-
I_ The Ownar . ht:rehr to tYr.(-p: consent tu.:�titl v:ill rilntlr
by cocl- :Ind nII of the terms l:o1ltiitity:i:. 'lmltylxsn .. rc-,me.inns. alid pru,.J�-,)gn- cif' tht.
Or� itl:lnt:.:.
"h, O ntr:4 a t-i,,lot'rleclu trait tn;hlir notiev, ;nd hr,:trinv=: h:at'c, been prcq*e-l%-
7 vi-n .ind hold W-fill ri!,-.pcct tv -l`t- rido Yti(in o tSh{ OrAi'.1MIM. lia,,-e crjn'= dervd t-ht ptSS-Ih17;1ry
of the revix-:ition pr%-,ivided for In ,ht, Ordinance, :.tvj ni !ree n::t to chulloll-r- any such
revexiltiuti oil the ground:; of any prcx:itdurut iuLrtlinv or n dettaul of :ant- prcKvdur-,►l right..
3. The O} %tier acknowIvdge and ztgrou that the Vllln1_,v is nol and will not oc% X
acnt W nv. IiAlt- !vr any damages ur iiif ar)c.r that iiia- v he �.nstaini.•d as a rtssult of thu villap'r'
t„ninting of the vari.ition or :,duptiuji of the Oruinanc . anti that the '�-ill.�t;+�'s vn}crovod of tht•
varlaTion does not, and it' ll not.. it, :.and"way, he d.:euirccd u-t tn.urc tht Owners against d?oi-nal-o
or injury cif anti kind and xt sin4 tine.
4. Tl i!-Dwner�i hereby agTev to huld hnrmlcs> :. find inde.ninib, the \'alf:woI tliv
vittatge -, i�orporate aut1wr•ttst't-, and ull V, LAWt_' XAA.--.t d and uppoilct,rei officiairi, L•rirr*:z.
vtttt➢loyt+ oH_ :i��ertt�, rc'pre'sentutMti .:inci uttoriiey-, from nnv ami aril t:lainis that ma%. it any
time. ix, as{f-rtAt d ag:linat any of such },-true.- in c^utiri:rt.ion with the Villarf-':- :1doptie3n Pf thc,
Ordinanoo er:ltetint; the vnriattiov
[STGNX1't_1kF,S ON VOLLUVVING PAGE}
2020.
%TTE,ST:
Bv-
ATTEST:
ROSS FRIEDALAIN
LINSE�Y FRIEDMAN